Lewis v. Southwest Airlines Co.

Filing 20

ORDER denying 19 Motion to Remand. Signed by Chief Magistrate Judge Joseph C. Spero on June 8, 2016. (jcslc2S, COURT STAFF) (Filed on 6/8/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUSTIN LEWIS,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-00749-JCS
ORDER DENYING PLAINTIFF'S
MOTION TO REMAND

v.
SOUTHWEST AIRLINES CO.,

Re: Dkt. No. 19

Defendant.
On June 7, 2016, Plaintiff Justin Lewis filed a Motion, dkt. 19, requesting that the Court

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vacate its venue transfer order, dkt. 18, and remand the case to California Superior Court, County

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of Alameda. Lewis argues that he lacks Article III standing under the Supreme Court’s recent

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decision in Spokeo, Inc. v. Robbins, 136 S. Ct. 1540 (2016), and the case must be remanded to

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state court. Mot. at 3–6. Because the standing issue that Lewis raises is not straightforward, the

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Court was not required to determine that jurisdictional issue before properly transferring the case

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to the Northern District of Texas. S.F. Tech., Inc. v. Adobe Sys. Inc., et al., Nos. CV 10-01652 RS,

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C 09-6083 RS, 2010 WL 1640397, at *2–3 (N.D. Cal. Apr. 19, 2010) (citing Sinochem Int’l Co. v.

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Malaysia Int’l Shipping Corp., 549 U.S. 422, 431–432 (2007); In re: LimitNone, LLC, 551 F.3d

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572, 577 (7th Cir. 2008); Pub. Emps.’ Ret. Sys. of Miss. v. Morgan Stanley, 605 F. Supp. 2d 1073

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(C.D. Cal. 2009)). Lewis’s Motion is therefore DENIED and the hearing scheduled for August

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12, 2016, is vacated.

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IT IS SO ORDERED.
Dated: June 8, 2016

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JOSEPH C. SPERO
United States Magistrate Judge